50 U.S.C. § 4027 — Guarantee of residency for spouses of

Page 1020 TITLE 50—WAR AND NATIONAL DEFENSE § 4027 ally liable, the assets of the servicemember not held in connection with the trade or business may not be available for satisfaction of the obli- gation or liability during the servicemember’s military service. (b) Relief to obligors Upon application to a court by the holder of an obligation or liability covered by this sec- tion, relief granted by this section to a servicemember may be modified as justice and equity require. (Oct. 17, 1940, ch. 888, title VII, § 706, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2865.) Editorial Notes CODIFICATION Section was formerly classified to section 596 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title. § 4027. Guarantee of residency for spouses of servicemembers For the purposes of establishing the residency of a spouse of a servicemember for any purpose (including the registration of a business), the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred. (Oct. 17, 1940, ch. 888, title VII, § 707, as added Pub. L. 116–92, div. A, title XVII, § 1739(a), Dec. 20, 2019, 133 Stat. 1820; amended Pub. L. 117–81, div. A, title X, § 1081(c), Dec. 27, 2021, 135 Stat. 1922.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–81 made technical amendment to di- rectory language of Pub. L. 116–92, § 1739(a). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF OF 2021 AMENDMENT Pub. L. 117–81, div. A, title X, § 1081(c), Dec. 27, 2021, 135 Stat. 1922, provided that the amendment made by section 1081(c) is effective Dec. 20, 2019. SUBCHAPTER VIII—CIVIL LIABILITY § 4041. Enforcement by the Attorney General (a) Civil action The Attorney General may commence a civil action in any appropriate district court of the United States against any person who— (1) engages in a pattern or practice of vio- lating this chapter; or (2) engages in a violation of this chapter that raises an issue of significant public im- portance. (b) Relief In a civil action commenced under subsection (a), the court may— (1) grant any appropriate equitable or de- claratory relief with respect to the violation of this chapter; (2) award all other appropriate relief, includ- ing monetary damages, to any person ag- grieved by the violation; and (3) may, to vindicate the public interest, as- sess a civil penalty— (A) in an amount not exceeding $55,000 for a first violation; and (B) in an amount not exceeding $110,000 for any subsequent violation. (c) Intervention Upon timely application, a person aggrieved by a violation of this chapter with respect to which the civil action is commenced may inter- vene in such action, and may obtain such appro- priate relief as the person could obtain in a civil action under section 4042 of this title with re- spect to that violation, along with costs and a reasonable attorney fee. (Oct. 17, 1940, ch. 888, title VIII, § 801, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877.) Editorial Notes CODIFICATION Section was formerly classified to section 597 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. § 4042. Private right of action (a) In general Any person aggrieved by a violation of this chapter may in a civil action— (1) obtain any appropriate equitable or de- claratory relief with respect to the violation; (2) recover all other appropriate relief, in- cluding monetary damages; and (3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary. (b) Costs and attorney fees The court may award to a person aggrieved by a violation of this chapter who prevails in an ac- tion brought under subsection (a) the costs of the action, including a reasonable attorney fee. (Oct. 17, 1940, ch. 888, title VIII, § 802, as added Pub. L. 111–275, title III, § 303(a), Oct. 13, 2010, 124 Stat. 2877; amended Pub. L. 116–92, div. A, title V, § 547(a), Dec. 20, 2019, 133 Stat. 1378.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (a)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. CODIFICATION Section was formerly classified to section 597a of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2019—Subsec. (a)(3). Pub. L. 116–92 added par. (3).